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Andhra Pradesh High Court – Amravati
Marukutti Surya Prakash vs The State Of Andhra Pradesh on 28 August, 2025
APHC010373932025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3521]
(Special Original Jurisdiction)
THURSDAY,THE TWENTY EIGHTH DAY OF AUGUST
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO
CRIMINAL PETITION NO: 7696/2025
Between:
MARUKUTTI SURYA PRAKASH, S/O.NOOKA RAJU, A/24 YEARS, C/
YADAVA, KOTHAVEEDHI, NARSIPATNAM (V), (M)
...PETITIONER/ACCUSED
AND
THE STATE OF ANDHRA PRADESH, Through the Station House Officer,
Biccavole P.S, East Godavari District, Represented by Public Prosecutor,
High court of Andhra Pradesh
...RESPONDENT/COMPLAINANT
Counsel for the Petitioner/accused:
DUGGIRALA SUBASH
Counsel for the Respondent/complainant:
PUBLIC PROSECUTOR
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Dr. YLR, J
Crl.P.No.7696 of 2025
Dated 28.08.2025
The Court made the following:
ORDER:
The Criminal Petition has been filed under Sections 437 and 439 of
the Code of Criminal Procedure, 1973 (for brevity ‘the Cr.P.C.’)/ Sections
480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity
‘the BNSS’), seeking to enlarge the petitioner/Accused No.1 on bail in
Cr.No.63 of 2025 of Biccavole Police Station, East Godavari, registered
against the petitioner/Accused No.1 herein for the offences punishable
under Section 8(c) read with 20(b)(ii)(C) of the Narcotic Drugs and
Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act‘).
2. The case of the prosecution is that on 07.04.2025 at about 11:00
hours, on receipt of credible information regarding illegal possession and
transportation of ganja, the Sub-Inspector of Police, Biccavole Police
Station, along with his staff and mediators, proceeded to a vacant site near
Government House Sites Layout-2, beside the Biccavole-Sitarama Tank
Bund Road, and conducted vehicle checking. The police apprehended
Accused No.1 while he was found in possession of 21.080 Kgs of ganja in
a plastic bag. The contraband, along with a vehicle and a mobile phone,
was seized under the cover of a mediators’ report. Based on the said
report, it was revealed that Accused No.2 had handed over the ganja to
Accused No.1. Accused No.1 was arrested on 07.04.2025, and Accused
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Dr. YLR, J
Crl.P.No.7696 of 2025
Dated 28.08.2025
No.2 was arrested on 08.04.2025. During interrogation, both Accused
Nos.1 and 2 confessed that the contraband was procured at the instance of
Accused Nos.3 and 4.
3. Sri Duggirala Subash, the learned counsel for the petitioner contends
that the petitioner is innocent of the alleged offence and has been falsely
implicated by the police. It is further submitted that the petitioner is the sole
earning member of the family and, therefore, his incarceration would cause
undue hardship to his dependents. The petitioner undertakes to strictly
adhere to any conditions that may be imposed by this Court. In light of the
foregoing submissions, learned counsel prays that the present petition be
allowed in the interest of justice.
4. Per contra, Ms.P.Akhila Naidu, the learned Assistant Public
Prosecutor vehemently opposed the grant of bail to the petitioner,
submitting that the investigation is still underway and several material
witnesses remain to be examined. It is contended that if the petitioner is
released on bail at this stage, there is a strong likelihood that he may
abscond, thereby hampering the ongoing investigation and evading the
process of law. In view of the foregoing submissions, it is urged that the
petition be dismissed.
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Dr. YLR, J
Crl.P.No.7696 of 2025
Dated 28.08.2025
5. Heard the learned counsel for the petitioner and the learned
Assistant Public Prosecutor. Perused the record.
6. As seen from the record, the petitioner/Accused No.1 was arrested
on 07.04.2025. He has been in judicial custody for the past 140 days. He
was allegedly indulged in dealing with 21.080 Kgs of ganja. After the
investigation was completed, the police filed a charge sheet and the same
was numbered as S.C.NDPS No.351 of 2025. The petitioner/Accused No.1
is a resident of Kothaveedhi, Narsipatnam. The petitioner has got fixed
abode.
7. Although the learned Assistant Public Prosecutor submits that there
are four adverse antecedents reported against the petitioner, one is under
the provisions of ‘the NDPS Act‘ and the other three cases are under the
provisions of ‘the IPC‘, unless the guilt of the petitioner is proved in those
cases beyond reasonable doubt, he is presumed to be innocent. It will take
considerable length of time for the learned Trial Court to take up the matter
and dispose of the same in accordance with law. Until such time, keeping
the petitioner in judicial custody would not serve any purpose. If certain
conditions are imposed, the presence of the petitioner during the trial would
be secured and the interest of justice would be sub-served. The charge
sheet has already been filed. All the witnesses of the prosecution are
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Dr. YLR, J
Crl.P.No.7696 of 2025
Dated 28.08.2025
official witnesses. Hence, the question of the petitioner influencing or
threatening the witnesses or hampering the investigation may not arise.
8. Considering the period of detention undergone by the
petitioner/Accused No.1 in judicial custody for the past 140 days, the
nature and gravity of allegations levelled against the petitioner, and his
alleged role played in the case, this Court is inclined to enlarge the
petitioner on bail with the following stringent conditions:
i. The petitioner/Accused No.1 shall be enlarged on bail
subject to he executing a bond for a sum of Rs.25,000/-
(Rupees Twenty Five Thousand only) with two sureties for the
like sum each to the satisfaction of the learned I Additional
Sessions Judge, Rajamahendravaram.
ii. The petitioner/Accused No.1 shall appear before the
learned I Additional Sessions Judge, Rajamahendravaram, on
each and every adjournment.
iii. The petitioner/Accused No.1 shall not leave the limits of
the District without prior permission from the learned Trial
Court.
iv. The petitioner/Accused No.1 shall not commit or indulge
in commission of any offence in future.
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Dr. YLR, J
Crl.P.No.7696 of 2025
Dated 28.08.2025v. The petitioner/Accused No.1 shall not, directly or
indirectly, make any inducement, threat or promise to any
person acquainted with the facts of the case so as to dissuade
him/her from disclosing such facts to the court or to any police
officer.
9. Accordingly, the Criminal Petition is allowed.
_________________________
DR. Y. LAKSHMANA RAO, J
Date: 28.08.2025
RSI
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Dr. YLR, J
Crl.P.No.7696 of 2025
Dated 28.08.2025
THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO
CRIMINAL PETITION No.7696 of 2025
Date: 28.08.2025
RSI
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